On March 22, 2016, the Tenth Circuit vacated the opinion of the District Court. Because of the Tenth Circuit’s decision, the District Court’s decision saying that the anti-gun laws were constitutional is now void. The Tenth Circuit held that none of the plaintiffs in the case had legal “standing,” so the courts did not have jurisdiction to decide the case. Because of the Tenth Circuit decision, the plaintiffs—and, potentially, new plaintiffs—can initiate a new case, following the procedural instructions from the Tenth Circuit. The plaintiffs’ attorneys are already at work, analyzing the structure for the new case. At a press conference, Sheriffs Justin Smith (Larimer County) and Mike McIntosh (Adams County) expressed the Sheriffs’ strong intent to continue fighting to defend the safety and the constitutional rights of the people of Colorado.

Brief for the
states of New York, Connecticut, Hawaii, Illinois, Iowa, Maryland,
Massachusetts, Oregon, and Washington and the District of Columbia as amici
curiae in support of appellee. Apr. 29, 2015.

Amicus brief for
the Congress of Racial Equality, Pink Pistols, Women Against Gun Control,
Disabled Sportsmen of North America, and Second Amendment Sisters in support of
plaintiffs-appellants. Jan. 23, 2015.

Statement of Sheriff Cooke on behalf of the Sheriffs:

June 26, 2014While we respect the Judge’s ruling today, we believe that it is plainly wrong
on the law and on the facts. We will take this case to the Tenth Circuit Court
of Appeals, and if necessary, to the United States Supreme Court.
Otis McDonald, Dick Heller, and other Second Amendment plaintiffs didn’t win
their first rounds in the district court. They did win at the end of their
appeals. We are ready to present our case to the higher court that will make the
final decision.
Two weeks ago, John Hickenlooper truthfully told the Sheriffs that he knows the
magazine ban won’t do any good. We presented extensive evidence to the Court
showing that he was right.

Two weeks ago, John Hickenlooper truthfully told the Sheriffs “we really screwed
up” the background check bill. He was right. At trial, we presented the evidence
showing that Governor and the legislature expected and budgeted for 200,000
additional checks on private sales every year. Instead, the number of checks on
private sales has declined, because the onerous gun registration scheme in House
Bill 1229 is so unworkable. The district court refused to consider this
evidence, and we believe that refusal was wrong as a matter of law.

Reducing, rather than increasing, the number background checks. Disarming
retired Sheriffs, deputies, and other law-abiding citizens of the magazines they
need for self-defense, while accomplishing absolutely nothing for public safety.
John Hickenlooper knows that the Bloomberg anti-gun laws are a failure. As
Sheriffs, every day we fight to protect the safety and the rights of the
law-abiding citizens of Colorado. We will continue the fight, and we look
forward to presenting our case to the higher court.